Please read all these Terms and Conditions.
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As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07356 096706.
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Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
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2. Kavish Amin trading as Arc Ear Care of 72 Bushey Mill Crescent, Hertfordshire, WD24 7RD with email address info@arcearcare.co.uk; telephone number (07356 096706) (the Supplier or us or we).
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3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
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Interpretation
4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
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5. Contract means the legally-binding agreement between you and us for the supply of the Services;
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6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
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7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
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8. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation;
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9. Services means the services, including any Goods, of the number and description set out in the Order.
Services
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10. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
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11. All Services are subject to availability.
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12. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
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Customer Responsibilities
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13. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
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14. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
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Basis of Sale
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15. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
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16. When a Service has been booked, we can reject it for any reason, although we will try to tell you the reason without delay.
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17. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted and if the Supplier hasn’t emailed within 24 hours to amend the time/ date or, if earlier, the Supplier's delivery of the Services to the Customer.
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18. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
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19. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises or Customer’s home, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
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Fees and Payment
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20. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
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21. Fees and charges include VAT at the rate applicable at the time of the Order.
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22. Payment for Services must be made immediately once the service is carried out. You must pay in cash or card and we can take payment immediately or otherwise before delivery of the Services. A £10 deposit is needed to secure your booking and this payment is made on the website.
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23. A £35 callout fee applies if no earwax removal treatment is required; this includes an ear check.
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Delivery Of Service
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24. We will deliver the Services to the Delivery Location by the time or within the agreed period
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25. We will primarily be using microsuction but may need to use irrigation or manual tools to remove your wax effectively
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26. These terms will have to be agreed to prior delivering the service:
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27. ‘Wax removal via micro suction is considered safer than other methods. Complications of ear wax removal with micro suction are uncommon; however possible complications, side-effects and material risks inherent in the procedure include but are not limited to: incomplete removal of ear wax requiring a return visit (for severely impacted wax), minor bleeding, discomfort, ringing in the ear (tinnitus), perforation of the eardrum and hearing loss.
To ensure the risk of complication is minimal, it is essential that accurate past medical history is supplied to our clinicians. In addition, it is important that the patient remains relatively still during the procedure as sudden movement may significantly increase the risk of ear drum perforation, permanent hearing loss and/or bleeding. The CE marked suction unit is to remove fluids from the airway or respiratory support system and infectious materials from wounds and has been adapted for aural micro suction. The suction unit is being used off label. By agreeing to these terms and conditions you agree that images or videos of the wax removal maybe used for marketing purposes.
By agreeing to these terms and conditions you accept that you have read and understand the possible complications that may occur and agree that the clinic, or any of its employees, cannot be held responsible for them.
I have read and understood the terms and conditions above and am willing to be bound by them.’
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28. If the wax can not be completely removed, a return visit will be carried out free of charge to try again and remove it. If the practitioner can see that no/ little effort to soften the wax, using olive oil prior to the appointment was done by the Customer, another full charge can be incurred to the Customer for a return visit.
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29. The FAQ’s section on the website cover other aspects of the service that you agree to be bound to when agreeing to the Service.
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Withdrawal and Cancellation
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30. To cancel or reschedule your booking, this must be done so at least 48 hours before the scheduled time and date. Cancellations made within 48 hours of the scheduled appointment will result in the forfeiture of your £10 deposit. If you cancel more than 48 hours in advance, your £10 deposit will be refunded. For rescheduling, we will do our best to accommodate a time that suits you, but please note that existing bookings will take priority. Any deposits paid can be transferred to the rescheduled appointment. You can reschedule up to 12 hours before your appointment. After this time, rescheduling is not permitted, and your deposit will not be refundable. If you do need to cancel or reschedule for any reason, please contact us by phone or email as soon as possible. Thank you for your understanding and cooperation.
Duration, Termination and Suspension
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31. The Contract continues as long as it takes us to perform the Services.
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32. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
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commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
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is subject to any step towards its bankruptcy or liquidation.
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33. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.